Title 3 – Barangay and Cultural Affairs

Section 1. In consonance with all existing policies and guidelines constituting the Philippine National Standards on Halal food and Memorandum Order 201 issued on December 23, 2005 by Her Excellency, President Gloria Macapagal-Arroyo, there is hereby declared a general policy and requirement that the City Government of General Santos shall create/establish, operate, maintain and manage a Halal accredited Abattoir, exclusive delivery meat van and other facilities/amenities for the development and promotion of halal program in the city.

Section 2. To carry out the foregoing policy, the City Government of General Santos shall initiate, implement and support to:

Appropriate an amount for the establishment, operation, maintenance and, management of a Halal abattoir;

Coordinate with the duly authorized body in the city that will take responsibility to accredit/certify Halal Slaughterhouse, Meat Delivery Van and other facilities;

Support proper monitoring of compliance with the general policy on halal food standard, specifically on the use of abattoir, Halal Meat Van, Stalls, and other facilities, and as such, impose corresponding penalties thereof.

Section 3. For purposes of this Ordinance, the following terms shall be defined as:

Halal – an Arabic term which means “permissible” or “lawful”.

Haram – an Arabic term which means unlawful, forbidden or prohibited.

Islamic Law – are laws from the holy Qur’an and Hadith of Prophet Muhammad (SAW) and other considered sources.

Quality Assurance System – the activity of providing the evidence needed to establish confidence that the quality function is being performed adequately.

Accreditation – third party attestation related to a conformity assessment body that conveys formal demonstration of its competence to carry out specific assessment and regulatory tasks.

Halal Food – any substance, whether processed, semi-processed or raw, which is permissible for human consumption, and include drinks, chewing gum, supplement and substance which has been used in the manufacture, preparation or treatment of “food” but does not include cosmetics, tobacco or substance used as “drugs” and intoxicating drinks.

Shubhah – an Arabic term which means doubtful, suspicious and questionable.

Najis – an Arabic term which means filth or unclean.

Islamic Competent Authority – refers to eminent Mufti and Ulama who endorsed the Philippine National Standard on Halal food recognized by the Philippine Government.

Facilities/Amenities – includes, but not limited to all equipments, devices, tools spaces/areas, and materials necessary in carrying out the halal

Halal Procedure – refers to the procedure of slaughtering animals in accordance with Sharia.

Butcher Person – is a person authorized to slaughter animals at the halal

Section 4. This Ordinance shall be enforced within the territorial jurisdiction of General Santos City.

Section 5. This Ordinance shall serve to aid the implementation of the Philippine National Standards on Halal Food, specifically in the preparation, processing, storage, handling, transporting, and distribution of halal products within the territorial jurisdiction of General Santos City, thereby, realize the following objectives:

To establish, operate, maintain, and manage a halal accredited abattoir;

To prevent the mishandling of all halal meat products traded and sold within the city of General Santos;

To help reinforce the proper management and handling of halal meat products, particularly on the aspect of preparation, processing, storage, transporting and distribution towards its intended market;

To ensure among consumers that meat and meat products produced and handled by this establishment are halal and passed the quality assurance system in order to prevent possible occurrence of “shubhah” (doubt) on preparation, processing, storage, handling, transporting, and distribution of halal meat products processed in General Santos City;

To promote better understanding and respect of the laws and Islamic guidelines defining the concept of halal to its consumers;

To promote and enhance awareness on the concept of halal and haram, which contribute to the appreciation of halal to its consumers and traders;

To ensure availability of stalls and storage to be used exclusively for the display or storage of halal products in the market; and

To promote halal products for local and foreign trading and marketing.

Section 6. This ordinance shall apply to all animals enumerated in the Philippine National Standard on Halal Foods.

Section 7. It shall be unlawful for any person, involved in the halal abattoir management, halal meat delivery van, and other facilities used in the halal operation to allow and or commit the following:

Slaughtering of prohibited animals in the halal abattoir;

Mixing of non-halal with halal meat on handling, storage and transporting of halal meat;

Allowing the physical contact of devices and tools used in processing, slaughtering, storage and transporting of non-halal meat products;

Tampering and misuse of halal meat logo of certifier;

Slaughtering of animals in the halal abattoir not in accordance with the halal procedure as established in Sharia.

Section 8. It shall be unlawful for any person at the supermarket, public market, halal-accredited restaurant or carenderia, charged with the storage, processing, preparation, cooking, or sale of meat, meat products, or food to allow or commit any of the following acts:

Mixing of non-halal meat during handling, storage, or food preparation on halal meat;

Using halal cold storage or similar facility for non-halal products;

Using or allowing the physical contact of devices, tools or utensils used in the storage, processing, or cooking of halal products on non-halal meat products;

Tampering or misuse of halal meat logo of certifier.

Section 9. Any person who violate any provision of this ordinance shall be penalized as follows:

First Offense: Fine of Two Thousand Pesos (P2,000.00) or imprisonment of not less than six (6) months, or both such fine and imprisonment at the discretion of the court.

Second Offense: Fine of Three Thousand Pesos (P3,000.00) or imprisonment of not less than nine (9) months, or both such fine and imprisonment at the discretion of the court.

Third Offense: Fine of Five Thousand Pesos (P5,000.00) or imprisonment of One (1) year, or both such fine and imprisonment at the discretion of the court.

The imposition of the foregoing penalties shall not preclude the right of the City Government to cancel the business permit of the offender.

Section 10. The Office of the City Mayor, through the Cultural Affairs Division, Office of the City Veterinarian, in coordination with the National Commission on Muslim Filipinos, Department of Trade and Industry, Department of Agriculture, Department of Health, Department of Science and Technology, and Department of Tourism, shall formulate the rules and regulations for the smooth implementation of this Ordinance.

Section 11. The fund for the construction, operation and management of the Halal Abattoir, equipment and other amenities, procurement of Halal Meat Delivery Van, which shall be for the exclusive use of halal meat, and other costs shall be taken from the City Government General Fund.

Chapter II

Ceiling Fee for Issuance of Barangay Clearance

Section 1. All barangays within General Santos City are hereby authorized to collect fees for the issuance of Barangay Clearance for whatever legal purpose, provided they do not exceed the maximum rates imposed by this ordinance.

Section 2. The maximum rates of fees for the issuance of a barangay clearance shall be as follows:

PURPOSE MAXIMUM

For Employment P100.00
For practice of profession P200.00
Small business P500.00
Medium business P1,000.00
Large business P2,000.00

For other purposes not stated above No prescribed rate, the same shall be determined by the SangguniangBarangay, provided it shall not exceed the maximum of P2,000.00: Provided, further, that a barangay may choose not to collect any fee for the issuance of a barangay clearance.

Every collection of barangay clearance fee shall be officially receipted by the Barangay Treasurer.

Section 3. The rates of fees for the issuance of barangay clearance shall be subjected for review every three (3) years from the date of the last review by the Sangguniang Panlungsod through the Special Review Committee (SRC).

Section 4.Any barangay official who may collect a fee for the issuance of a barangay clearance not in consonance with this ordinance shall be held administratively and criminally liable.

Section 5.Any person who is indigent or pauper as determined by existing law or concerned government agency shall be exempted from the payment of Barangay Clearance. All barangays shall prescribe a uniform Application Form for Barangay Clearance indicating all the necessary information. If a Barangay Clearance cannot be issued to any requesting individual, the Punong Barangay shall state his/her ground/reason why the said Barangay Clearance could not be issued.